BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.            

                                                          Consumer Complaint no. 619 of 2019                                                                         

                                                         Date of Institution         :    16.10.2019.

                                                          Date of Decision   :    19.02.2020.

Maan Singh aged about 40 years s/o Shri Puran @ Puran Mal son of Sh. Budha, resident of village Jamal, Tehsil Nathusari Chopta, District Sirsa, now r/o village Baruali II, Tehsil Nathusari Chopta, District Sirsa.

                                      ……Complainant.

                             Versus.

1. Punjab National Bank, Jamal Branch, Village Jamal, Tehsil Nathusari Chopta, District Sirsa, through its Branch Manager.

2. ICICI Lombard General Insurance Company Limited, ICICI Lombard House, 414 Veer Savarkar Marg, Near Sidhi Vinayak Temple, Prabhadevi, Mumbai- 400025, through its authorized signatory.   

...…Opposite parties.

            Complaint under Section 12 of the Consumer Protection Act,1986.

Before:        SH. R.L.AHUJA…………………………PRESIDENT                                      

                     MRS.SUKHDEEP KAUR………MEMBER.

Present:       Sh. M.K. Singla, Advocate for complainant.

                   Opposite parties exparte.

ORDER

                   The case of complainant, in brief, is that complainant is owner in possession of land measuring 32 kanal 18 marlas being 329/1254 share of land measuring 125 kanals 8 marlas comprising in Khewat No.92 as per jamabandi for year 2017-2018. That above said 32 kanal 18 marlas land of complainant is mortgaged with op no.1 with loan account number 3299008800015410 and rapat no.681 dated 5.6.2012 has been entered in column no.12 of the jamabandi. It is further averred that in kharif, 2017 crop season, complainant sown cotton crop in his above mentioned land as per policy of the Government namely Pardhan Mantri Fasal Bima Yojna, bank op no.1 had to get insured the crop grown in the mortgaged land with some insurance company/ op no.2 and to debit the premium from the said crop loan account of the borrower. On 29.7.2-017,  op no.1 deducted Rs.2234.82 as insurance premium of crop of kharif 2017 but policy was not delivered to complainant. That since the average yield from the said crop remained quite below the threshold yield in village Baruali II, District Sirsa therefore farmers of that village whose crops were insured get the insurance claim amount from the insurance company. The complainant was also entitled for crop insurance claim, but complainant did not get any insurance claim amount. It is further averred that complainant in order to get compensation for his insured cotton crop of kharif, 2017 visited op no.1 but op no.1 did not pay any heed to the same and put off the matter on false pretext. That then complainant wrote a letter to op no.1 and sent it through registered post to op no.1 on 8.7.2019 upon which op no.1 told the complainant that insurance premium of Rs.2234.82 has been refunded in his account on 17.10.2017. That in this manner, the ops have committed gross deficiency in service towards the complainant and have caused harassment. Hence, this complaint.

2.                Notice was sent to the opposite parties through registered covers but neither the RCs received back nor the opposite parties appeared and as such ops were proceeded against exparte.

3.                The complainant then led his exparte evidence.

4.                We have heard learned counsel for complainant and have gone through the record carefully.

5.                The complainant in order to prove his complaint has furnished his affidavit Ex.C1 in which he has deposed and reiterated all the averments made in the complaint. He has also tendered copy of jamabandi Ex.C2, copy of statement of account Ex.C3, copy of application Ex.C4, postal receipt Ex.C5, copy of application Ex.C6 and copy of report of agriculture department Ex.C7.

6.                As per allegations of complainant, he had sown crop of cotton in his agricultural land in kharif, 2017 which was allegedly damaged and he has relied upon copy of jamabandi in support of his ownership and copy of report of yield assessed by agriculture department as Ex.C7.

7.                The perusal of evidence of complainant reveals that complainant has not placed on record any document from which it could be presumed that complainant had sown crop of cotton in his field during kharif, 2017. Though during course of arguments, learned counsel for complainant has insisted upon copy of statement Ex.C3 by which a sum of Rs.2234.82 was deducted by bank on account of premium for insurance of his crop of kharif, 2017 on 29.7.2017 but it does not find mention that premium was deducted to get cotton crop of complainant insured nor the complainant has placed on record copy of any khasra girdawari to prove possession over the land and about sowing of cotton crop by complainant.

8.                In view of above discussion, we are of the opinion that complainant has failed to prove his allegations in the complaint qua sowing of cotton crop and damage of cotton crop of kharif, 2017 by leading cogent and convincing evidence. As such complaint of complainant is hereby dismissed being devoid of any merit.  No order as to costs.  A copy of this order be supplied to the parties as per rules. File be consigned to the record room. 

Announced in open Forum.              Member                President,

Dated:19.02.2020.                                                         District Consumer Disputes

                                                                                     Redressal Forum, Sirsa.